Ten zoning districts are provided in the city as follows:

(1)

R-1 single-family residential district.

(2)

R-2 two-family residential district.

(3)

R-3 multifamily residential district.

(4)

R-MH mobile home park district.

(5)

C-1 general commercial district.

(6)

A industrial district.

(7)

B industrial district.

(8)

A-1 agricultural district.

(9)

C-D conservancy district.

(10)

Groundwater protection overlay district.

(11)

AE adult entertainment district.

(Code 1994, § 13-1-40(a); Res. No. 10-07, 2-23-2010)

(a)

Generally. The boundaries of the zoning districts enumerated in section 86-101 are established as shown on the map entitled: "District Map, Spooner, Wisconsin," dated November 3, 1981, as amended, which map accompanies and is made a part of this section by reference. All notations and references shown on the district map are as much a part of this chapter as though specifically described in this section.

(b)

Boundaries. If uncertainties exist with respect to the intended boundaries of the zoning districts shown on the zoning map, the following rules shall apply:

(1)

The district boundaries are the centerlines of streets unless otherwise directed, and where the designation of a boundary line on the zoning map coincides with the location of a street, the centerline of such street shall be construed to be the boundary of such district.

(2)

Where the district boundaries coincide with lot lines, such lot lines shall be construed to be the boundary of such district.

(3)

Where the district boundaries are not otherwise indicated and where the property has been or may hereafter be divided into blocks with lots, the district boundaries shall be construed to be lot lines, and where the designations on the zoning map are approximately bounded by lot lines, such lot line shall be construed to be the boundary of the district.

(4)

In unsubdivided property, the district boundary lines shown on the zoning map are intended to be section lines, quarter section lines and quarter-quarter section lines, and where the district boundaries cross the quarter sections, north-south or east-west, the district boundary line shall be the line through the center of the quarter section.

(5)

In unplatted areas less than ten acres in area, the district boundaries, where not otherwise designated, shall be determined by the use of the scale shown on the zoning map.

(Code 1994, § 13-1-40(b), (c))

Any property annexed to the city shall be placed in the R-1 single-family residential district unless the annexation ordinance temporarily places the land in another district.

(Code 1994, § 13-1-40(d))

Vacation of public streets and alleys shall cause the land vacated to be automatically placed in the same district as the abutting side to which the vacated land reverts.

(Code 1994, § 13-1-40(e))

All lots whose combined area is less than the minimum square footage allotted to each zoning district shall be deemed substandard and cannot be built upon. Any existing building on an existing substandard lot on the effective date of the ordinance from which this chapter is derived which is destroyed by an act of God cannot be rebuilt except by approval of the zoning board of appeals.

(Code 1994, § 13-1-40(f))

The R-1 district is intended to provide single-family and two-family detached dwellings a quiet, spacious living neighborhood. Residents of the R-1 district are to be protected from hazards such as fire and nuisances such as noise, odors, vibration, congestion, environmental and aesthetic degradation and other uses which are incompatible with the provisions of this division for this R-1 district.

(Code 1994, § 13-1-41(a))

Permitted uses in the R-1 district are as follows:

(1)

Single-family and two-family detached dwellings, except mobile homes.

(2)

State-licensed community living arrangements servicing eight or fewer residents.

(3)

Boardinghouses and lodginghouses.

(4)

Telephone buildings, exchanges and lines and static transformer stations, provided that there is no service garage or storage yard. This subsection, however, shall not apply to microwave radio relay structures unless and until the location thereof shall have been approved by the plan commission.

(5)

Public hospitals, except hospitals for contagious diseases or for the care or treatment of epileptics or drug or drink addicts or the feeble minded, when such building shall be located not less than 75 feet from any lot line in any district not used for the same purpose.

(6)

Philanthropic institutions.

(7)

Private clubs, fraternities, funeral homes and mortuaries, and lodges except those whose chief activity is one customarily carried on as a business.

(8)

Churches, public schools, parochial schools, colleges, including dormitories, public libraries, public museums and art galleries.

(9)

Municipal buildings, except sewage disposal plants; garbage incinerators, public warehouse, public garages, public shops and storage yards and penal or correctional institutions and asylums.

(10)

Public recreational and community center buildings and grounds.

(11)

One private garage when in compliance with the minimum setback and yard requirements of the residential district, or accessory buildings or one private stable when located not less than 75 feet from the front lot lines.

(12)

Railroad right-of-way and passenger depots, not including switching, storage, freight yards or siding.

(13)

Uses customarily incident to any of the above uses when located on the same lot and not involving the conduct of a business.

(14)

Reserved.

(15)

Undertaking establishments, provided that any structure used as an undertaking establishment shall be located not less than 50 feet from any lot line of any adjoining landowner, in any district, not used for the same purpose, and further provided that such establishment provide sufficient off-street parking to accommodate at least one car for every five seats provided.

(16)

Home occupations complying with division 4, article V of this chapter.

(17)

Premanufactured housing: The dwelling shall be supported on a structural system designed to transmit and safely distribute the loads to the soil. One of the following methods may be used:

a.

This can be with a continuous concrete footing and cement block system as per Wis. Admin. Code. chs. Comm 20—25.

b.

A concrete slab that meets structural requirements as per Wis. Admin. Code. chs. Comm 20—25.

c.

A basement using standard construction methods as per Wis. Admin. Code. chs. Comm 20—25.

(Code 1994, § 13-1-41(b); Ord. of 2-3-2015(2))

Conditional uses in the R-1 district are as follows:

(1)

Cemeteries, crematoriums and mausoleums.

(2)

Child care facilities (licensed).

(3)

Golf courses.

(4)

State-licensed community living arrangements servicing nine to 15 residents.

(5)

Keeping of chickens.

(6)

Bed and breakfasts.

(7)

Single accessory dwelling unit.

(Code 1994, § 13-1-41(c); Amd. of 2-2-21; Amd. of 11-7-2024(1); Amd. of 2-4-2025)

Prohibited uses in the R-1 district are as follows:

(1)

Multifamily buildings with three or more residential units.

(2)

Mobile home parks.

(3)

All commercial buildings and industrial buildings.

(4)

All other uses not meeting the criteria outlined in sections 86-132 and 86-133.

(5)

Detached garages on a lot without a residence unless the adjacent lot has a residence and is also the owner of the adjacent lot. (If built already, cannot be sold individually; use must be for storage only.)

(6)

Any correctional community placement facility as defined by § 49-81(1)(b) community placement is prohibited.

(Code 1994, § 13-1-41(d); Amd. of 3-7-2023)

(a)

Minimum square footage. The minimum square footage of living space in a dwelling in the R-1 district constructed under this division is 1,000 square feet.

(b)

Building height. The building height in the R-1 district shall be a maximum of 2½ stories, but not to exceed 35 feet.

(c)

Lot size. Lot size in the R-1 district shall be as follows:

(1)

Width: 60 feet minimum.

(2)

Area: 7,200 square feet minimum, excluding lots platted before the adoption of the ordinance from which this chapter is derived.

(3)

Duplex lot width: 100 feet minimum, with at least 10,000 square feet.

(d)

Yards.

(1)

Front. Unless otherwise provided, there shall be a front yard setback line in the R-1 district of not less than 25 feet, provided that:

a.

Where 50 percent or more of the frontage is occupied with buildings having an average setback line of more, or of less, than 25 feet, the setback line in any vacant interior lot in such frontage shall be established at the point of intersection of its centerline, drawn from the front street line, and a line connecting the nearest points on the setback lines of the next existing buildings on each side of such vacant lot.

b.

On corner lots less than 60 feet wide and of record at the time of the passage of the ordinance from which this chapter is derived, where reversed frontage exists, the setback on the side street shall be not less than 50 percent of the setback required on the lot in the rear, and no accessory building shall project beyond the setback line of the lots in the rear, provided further that in no case shall buildable width of such corner lot be reduced to less than 24 feet.

(2)

Rear. Rear yards in the R-1 district shall be 25 feet minimum.

(3)

Side. Side yards in the R-1 district shall be as follows:

a.

For buildings not over 1½ stories high, the sum of the widths of the required side yards shall not be less than 24 feet, and no single side yard shall be less than 12 feet in width.

b.

For buildings from 1½ to 2½ stories high, the sum of the widths of the required side yards shall be not less than 30 feet, and no single side yard shall be less than 12 feet in width.

c.

On a single lot having a width of less than 60 feet and of record at the time of the passage of the ordinance from which this chapter is derived, the sum of the widths of the side yards shall be not less than the equivalent of five inches per foot of lot width for buildings not over 1½ stories high and of six inches per foot of lot width for buildings from 1½ to 2½ stories high; provided further that the buildable width of any such lot in no case shall be reduced to less than 24 feet, nor shall the width of any single side yard be less than 40 percent of the total required side yard width.

(e)

Setback from waterways. For all residential buildings, garages and other structures (other than movable storage sheds) in the R-1 district, a minimum setback of 35 feet is required from the ordinary high-water mark of a waterway.

(f)

Parking. A minimum of two off-street parking spaces shall be provided for each residential unit in the R-1 district.

(g)

Minimum roof pitch. A minimum of 6/12 roof pitch is required on all new single-family and two-family residences.

(Code 1994, § 13-1-41(e)—(j); Amd. of 6-7-2005(2))

The R-1A district is intended to provide single-family detached dwellings a quiet, spacious living neighborhood. Residents of the R-1A district are to be protected from hazards such as fire and nuisances such as noise, odors, vibration, congestion, environmental and aesthetic degradation and other uses which are incompatible with the provisions of this division for this R-1A district.

(Ord. of 1-6-2009)

Permitted uses in the R-1A district are as follows:

(1)

Single-family detached dwellings, except mobile homes.

(2)

Telephone buildings, exchanges and lines and static transformer stations, provided that there is no service garage or storage yard. This subsection, however, shall not apply to microwave radio relay structures unless and until the location thereof shall have been approved by the plan commission.

(3)

Public recreational and community center buildings and grounds.

(4)

One private garage when in compliance with the minimum setback and yard requirements of the residential district, or accessory buildings.

(5)

Railroad right-of-way and passenger depots, not including switching, storage, freight yards or siding.

(6)

Uses customarily incident to any of the above uses when located on the same lot and not involving the conduct of a business.

(7)

Home occupations complying with division 4, article V of this chapter.

(Ord. of 1-6-2009)

Conditional uses in the R-1A district are as follows:

(1)

Child care facilities (licensed).

(2)

Golf courses.

(Ord. of 1-6-2009)

Prohibited uses in the R-1A district are as follows:

(1)

Duplexes and multifamily buildings with three or more residential units.

(2)

Mobile home parks.

(3)

All commercial buildings and industrial buildings.

(4)

All other uses not meeting the criteria outlined in sections 86-132 and 86-133.

(5)

Detached garages on a lot without a residence unless the adjacent lot has a residence and is also the owner of the adjacent lot. (If built already, cannot be sold individually; use must be for storage only.)

(Ord. of 1-6-2009)

(a)

Minimum square footage. The minimum square footage of living space in a dwelling in the R-1A district constructed under this division is 1,400 square feet.

(b)

Building height. The building height in the R-1A district shall be a maximum of 2½ stories, but not to exceed 35 feet.

(c)

Lot size. Lot size in the R-1A district shall be as follows:

(1)

Width: 100 feet minimum.

(2)

Area: 10,000 square feet minimum, excluding lots platted before the adoption of the ordinance from which this chapter is derived.

(d)

Yards.

(1)

Front. Unless otherwise provided, there shall be a front yard setback line in the R-1A district of not less than 25 feet, provided that:

a.

Where 50 percent or more of the frontage is occupied with buildings having an average setback line of more, or of less, than 25 feet, the setback line in any vacant interior lot in such frontage shall be established at the point of intersection of its centerline, drawn from the front street line, and a line connecting the nearest points on the setback lines of the next existing buildings on each side of such vacant lot.

b.

On corner lots less than 60 feet wide and of record at the time of the passage of the ordinance from which this chapter is derived, where reversed frontage exists, the setback on the side street shall be not less than 50 percent of the setback required on the lot in the rear, and no accessory building shall project beyond the setback line of the lots in the rear, provided further that in no case shall buildable width of such corner lot be reduced to less than 24 feet.

(2)

Rear. Rear yards in the R-1A district shall be 25 feet minimum.

(3)

Side. Side yards in the R-1A district shall be as follows:

a.

For buildings not over 1½ stories high, the sum of the widths of the required side yards shall not be less than 24 feet, and no single side yard shall be less than 12 feet in width.

b.

For buildings from 1½ to 2½ stories high, the sum of the widths of the required side yards shall be not less than 30 feet, and no single side yard shall be less than 12 feet in width.

c.

On a single lot having a width of less than 60 feet and of record at the time of the passage of the ordinance from which this chapter is derived, the sum of the widths of the side yards shall be not less than the equivalent of five inches per foot of lot width for buildings not over 1½ stories high and of six inches per foot of lot width for buildings from 1½ to 2½ stories high; provided further that the buildable width of any such lot in no case shall be reduced to less than 24 feet, nor shall the width of any single side yard be less than 40 percent of the total required side yard width.

(e)

Setback from waterways. For all residential buildings, garages and other structures (other than movable storage sheds) in the R-1A district, a minimum setback of 35 feet is required from the ordinary high-water mark of a waterway.

(f)

Parking. A minimum of two off-street parking spaces shall be provided for each residential unit in the R-1A district.

(g)

Minimum roof pitch. A minimum of 6/12 roof pitch is required on all new single-family residences.

(Ord. of 1-6-2009)

The R-2 district is intended to provide a living environment similar in all aspects to the R-1 district, although with a two-family population density.

(Code 1994, § 13-1-42(a))

Permitted uses in the R-2 district are as follows:

(1)

All uses permitted in the R-1 district.

(2)

Two-family dwellings (duplexes).

(Code 1994, § 13-1-42(b))

Conditional uses in the R-2 district are as follows:

(1)

All uses permitted conditionally in the R-1 district, except churches and places of public worship which are permitted in the R-2 district.

(2)

State-licensed community living arrangements servicing nine to 15 residents.

(3)

Keeping of chickens.

(4)

Bed and breakfasts.

(5)

Single accessory dwelling unit.

(Code 1994, § 13-1-42(c); Amd. of 2-2-21; Amd. of 11-7-2024(1); Amd. of 2-4-2025)

Prohibited uses in the R-2 district are as follows:

(1)

Multifamily residential (four or more units per structure).

(2)

Mobile home parks.

(3)

All commercial buildings.

(4)

All industrial buildings.

(5)

All other uses not meeting the criteria set forth in section 86-132 and 86-133 of the R-1 district.

(6)

Any correctional community placement facility as defined by § 49-81(1)(b) community placement is prohibited.

(Code 1994, § 13-1-42(d); Amd. of 3-7-2023)

(a)

Minimum square footage. The minimum square footage of living space for a dwelling in the R-2 district constructed under this division is 800 square feet per unit at the ground level.

(b)

Building height. The building height in the R-2 district shall be a maximum of 2½ stories, but not to exceed 35 feet.

(c)

Lot size. Lot sizes in the R-2 district shall be as follows:

(1)

Width: 60 feet minimum.

(2)

Area: 7,200 square feet minimum for single-family dwellings; 3,600 square feet minimum for each residential unit for properties occupied by two families.

(d)

Yards. Yard requirements in the R-2 district are as follows:

(1)

Front: as required for the R-1 residential district.

(2)

Rear: as required for the R-1 residential district.

(3)

Side: as required for the R-1 residential district.

(e)

Setback from waterways. For all R-2 residential buildings, garages and other structures (other than movable storage sheds), a minimum setback of 35 feet is required from the ordinary high-water mark of a waterway.

(f)

Parking. A minimum of two off-street parking spaces shall be provided for each residential unit in the R-2 district.

(g)

Minimum roof pitch. A minimum of 6/12 roof pitch is required on all new single-family and two-family residences.

(Code 1994, § 13-1-42(e)—(j); Amd. of 6-7-2005(2))

The R-3 district is intended to provide sufficient space to meet the probable future needs for multiple-family dwellings (three or more units per structure) in a compatible environment.

(Code 1994, § 13-1-43(a))

Permitted uses in the R-3 district are as follows:

(1)

Three or more unit dwellings, includes elderly housing complexes and low income rental complexes.

(2)

Parks, forest preserves, recreational areas when publicly owned and operated.

(3)

State-licensed community living arrangements servicing eight or fewer residents.

(Code 1994, § 13-1-43(b))

Conditional uses in the R-3 district are as follows:

(1)

Rest homes, nursing homes, community buildings, cemeteries, crematoriums and mausoleums.

(2)

Charitable and nonprofit institutions.

(3)

Child care facilities (licensed).

(4)

All uses permitted in the R-1 and R-2 district.

(5)

State-licensed community living arrangements servicing nine to 15 residents.

(6)

Keeping of chickens.

(7)

Bed and breakfasts.

(Code 1994, § 13-1-43(c); Amd. of 2-2-21; Amd. of 11-7-2024(1))

Prohibited uses in the R-3 district are as follows:

(1)

Mobile home parks.

(2)

Any commercial use or structure.

(3)

Any industrial use or structure.

(4)

All other uses not meeting like criteria set forth by sections 86-192 and 86-193.

(5)

Any correctional community placement facility as defined by § 49-81(1)(b) community placement is prohibited.

(Code 1994, § 13-1-43(d); Amd. of 3-7-2023)

(a)

Minimum square footage. The minimum square footage of living space for a dwelling in the R-3 district constructed under this division is 1,000 square feet per unit in a three bedroom construction, 800 square feet per unit in a two bedroom construction and 600 square feet for a single unit.

(b)

Building height. The building height in the R-3 district shall be a maximum of three stories, but not to exceed 45 feet.

(c)

Lot size. Lot size in the R-3 district is as follows:

(1)

Width: 60 feet minimum.

(2)

Area: 7,200 square feet minimum for single-family dwellings; 3,600 square foot minimum for each residential unit for properties occupied by two families; 1,500 square feet minimum for each residential unit for properties occupied by three or more families.

(d)

Yards. Yard requirements in the R-3 district are as follows:

(1)

Front: as required for the R-1 residential district.

(2)

Rear: as required for the R-1 residential district.

(3)

Side: as required for the R-1 residential district.

(e)

Setback from waterways. For all R-3 residential buildings, garages and other structures (other than movable storage sheds), a minimum setback of 35 feet is required from the ordinary high-water mark of a waterway.

(f)

Parking. A minimum of two off-street parking spaces shall be provided for each residential unit in the R-3 district.

(g)

Minimum roof pitch. A minimum of 6/12 roof pitch is required on all new single-family and two-family residences.

Note— If any R-1 or R-2 uses are allowed in the R-3 district as a conditional use, the use is subject to the same building, lot and yard requirements set forth by their respective districts.

(Code 1994, § 13-1-43(e)—(j); Amd. of 6-7-2005(2))

(a)

R-MH mobile home park districts may be established in accordance with the procedures, requirements and limitations set forth in this division and article II of this chapter. Within R-MH districts, mobile homes, with such additional supporting uses and occupancies as are permitted in this division, may be established subject to the requirements and limitations set forth in this division and other regulations.

(b)

It is the intent of this division to recognize mobile homes constructed prior to June 15, 1976, as distinct and different from units designated as mobile homes within the definitions of this chapter and to prohibit units not meeting the requirements for mobile homes as defined in this chapter. Units constructed prior to 1976 are prohibited. Mobile homes meeting the requirements of the One- and Two-Family Building Dwelling Code shall not be permitted in a residential mobile home district except as a conditional use. Permits may be obtained only after approval by the plan commission.

(c)

No person shall park, locate or place any mobile home outside of an approved mobile home park, mobile home subdivision or on an industrial lot where permitted and zoned R-MH mobile home park district in the city, except unoccupied mobile homes may be parked on the lawfully situated premises of a licensed mobile home dealer for the purposes of sale display; the lawfully situated premises of a vehicle service business for purposes of servicing or making necessary repairs; the premises leased or owned by the owner of such mobile home for purposes of sales display for a period not exceeding 120 days, provided that no business is carried on therein, or in an accessory private garage, building or rear yard of the owner of such mobile home, provided no business is carried on therein. The procedures for zoning a parcel to the R-MH district shall be as prescribed in article II of this chapter.

(d)

Prior to locating a mobile home in a city mobile home park, the homeowner shall file an application to place such home. The applicant shall provide a copy of the mobile home title, a copy of the bill of sale and photographs. Said home shall comply with subsection (b) of this section. Failure to comply with the reporting requirements will result in a forfeiture of $25.00 by the park owner. Each failure to report is a separate offense, in accordance with Wis. Stats. § 66.0435(3)(h).

(e)

No mobile home shall be moved into a city mobile home park that is over ten years old or has a value of less than $10,000.00 (value to be determined by city assessor).

(Code 1994, § 13-1-220; Ord. of 11-4-2003(3), § 13-1-220(d), (e))

(a)

It is the intent and purpose of this division to regulate the placing of R-MH mobile home parks of all types and varieties in the city with regard to providing adequate standards to protect the public health, safety, morals, convenience and general welfare.

(b)

The R-MH mobile home park district is established to:

(1)

Provide regulations and standards for the development of a safe, healthy and well-designed community for permanent mobile home living.

(2)

Provide in appropriately located areas within the R-MH districts, sites for mobile home living developed at reasonable density consistent with sound standards of public health and safety.

(3)

Ensure adequate light, air, access and open space for each mobile living unit.

(4)

Regulate the mobile home park such that it will complement the land use policy for the R-MH district.

(Code 1994, § 13-1-44(a))

No mobile home (singlewide or doublewide) as defined in this chapter shall be occupied or used for living or sleeping purposes unless it is located in an area that has been granted an appropriate permit by the zoning administrator. Temporary mobile homes or travel trailers used on construction projects or in conjunction with carnivals and circuses may be permitted when approved by the zoning administrator.

(Code 1994, § 13-1-44(b))

(a)

Generally. Mobile home parks may be permitted in the R-MH district, given the mobile home park meets the design and performance standards of this section.

(b)

Enumerated. Design and performance standards for R-MH districts are as follows:

(1)

Mobile home parks may be permitted on parcels or lots of record of not less than ten acres.

(2)

There shall be a maximum of six mobile homes per gross acre.

(3)

There shall be a minimum of 5,000 square feet of site area per mobile home for doublewides, and 3,000 square feet for single width homes.

(4)

A mobile home park shall provide indoor and outdoor community use facilities and recreation open spaces of which not less than 5,000 square feet in area for each ten acres or portion thereof shall be developed for use by children. The aggregate community use facilities and open spaces shall not be less than 200 square feet for each mobile home space.

(5)

Not more than one dwelling unit shall be located in any facility granted a conditional use permit under this division.

(6)

No structure intended to serve the whole mobile home park shall be located in a required front yard or less than 25 feet from the property line of the mobile home park boundary.

(7)

Only one mobile home may be located on a mobile home site as designated in a mobile home park and subject to the following yards and setbacks:

a.

Front yard and rear yard shall be a minimum of ten feet.

b.

Side yard shall be a minimum of ten feet.

c.

Minimum distance of 20 feet between mobile homes and/or other principal permitted structures.

(8)

The only accessory structure permitted on individual mobile home sites shall be a deck a temporary sun or wind shelter and/or a storage building with a maximum size of ten feet by ten feet, and garages or carports for the storage of motor vehicles. Accessory structures require written approval of the park owner on the building permit.

a.

Rear yard setback for accessory building is ten feet.

b.

Side yard setback for accessory building is five feet.

c.

Carport standards.

1.

Front yard setback five feet from property line.

2.

Pre-built or kit structures with fabric, metal, plastic or fiberglass covers are not allowed.

3.

Carports are required to be anchored to ground and contain a hard surface parking area.

4.

Carports must be open on three sides, no side or knee walls allowed. Metal carports with four sides are allowed with the park owners approval provided they meet 20#/ft. Wind and Upload Standards and Snow Load 40 #/SF.

5.

Maximum size 24′ × 26′

6.

Carports shall match the ascetics of the home on the lot.

(9)

Streets: Refer to section 66-242 for street design.

(10)

A minimum of two improved parking spaces shall be provided for each mobile home, one of which shall be on the mobile home site.

(11)

All utilities, including television service, shall be underground.

(12)

Fencing and landscaping: Adequate landscaping shall be provided, including trees and shrubs around the perimeter of the mobile home park.

(13)

A designated camp and travel trailer and boat storage area shall be provided with an aggregate area of 50 square feet per mobile home space. This shall be an enclosed, minigarage type unit.

(Code 1994, § 13-1-44(d); Amd. of 6-6-2012(2); Amd. of 1-5-2021(1); Amd. of 8-3-2021(3); Amd. of 2-2-2021(2); Amd. of 8-1-2023(2))

Permitted uses in the R-MH district are as follows:

(1)

Mobile homes, residential.

(2)

Neighborhood parks.

(Code 1994, § 13-1-44(e))

Conditional uses in the R-MH district are as follows:

(1)

Water storage and pumping facilities.

(2)

Electric substations and booster stations.

(3)

Public parking areas.

(Code 1994, § 13-1-44(f))

The C-1 commercial district is established to provide for businesses and limited wholesale and other compatible noncommercial uses.

(Code 1994, § 13-1-45(a))

Permitted uses in the C-1 district are as follows:

(1)

Animal hospital and pet shop.

(2)

Art shop, gift shop, jewelry store, optical, antique, gun, toy, craft store.

(3)

Automobile sales and service establishment, public garage and parking lot, auto parts store, equipment sales and service, equipment rental.

(4)

Bank and financial institution, brokerage and pawnbroker.

(5)

Bakery (retail).

(6)

Barbershop and beauty parlor.

(7)

Bookstore and stationery store.

(8)

Bowling alley, pool and billiard room, gymnasium, dancing school, dancehall, skating rink, mini-golf, theater except drive-in theater.

(9)

Candy store, confectionery store, ice cream store, soda fountain, soft drink stand.

(10)

Clinic, medical, dental, specialty.

(11)

Convention and exhibition hall.

(12)

Cleaning and dyeing establishment.

(13)

Dress shop, clothing store, dry goods store, notion shop, hosiery shop, tailor shop, shoe store.

(14)

Department store.

(15)

Drugstore, pharmacy.

(16)

Filling station.

(17)

Food products (retail), grocery store (retail), delicatessen, meat and fish market, fruit and vegetable store, tea and coffee store, feed store, catering, bait.

(18)

Florist shop.

(19)

Hardware and paint store.

(20)

Household appliance store, furniture store, plumbing, heating and electrical supplies; crockery store.

(21)

Hotel.

(22)

Microwave radio relay structures.

(23)

Music store, radio store, radio broadcast studio.

(24)

Newsstand.

(25)

Photograph studio, photographer's supplies.

(26)

Railroad and bus depot.

(27)

Restaurant, cafeteria, lunchroom, refreshment stand, caterer, tavern.

(28)

Telephone and other communications office.

(29)

Temporary structure.

(30)

Tobacco and pipe store.

(31)

Undertaking establishment.

(32)

Professional and other offices.

(33)

Licensed day care.

(34)

Brew pub, winery.

(35)

Community based residential facility.

(36)

Nursing home.

(37)

Amusement arcade.

(38)

Any other businesses similar in character and the processing or treatment of products clearly incidental to the conduct of a retail business on the premises.

(39)

Such accessory uses as are customary in connection with the foregoing uses and are incidental thereto.

(Code 1994, § 13-1-45(b); Ord. of 9-4-2018(1); Amd. of 11-7-2024(1))

Conditional uses in the C-1 district are as follows:

(1)

Uses not listed as permitted uses.

(2)

Bulk sale and storage of grain fertilizer and petroleum products.

(3)

Apartments above the first floor of the commercial use.

(4)

Bed and breakfasts.

(Code 1994, § 13-1-45(c); Amd. of 11-7-2024(1))

Prohibited uses in the C-1 district are as follows:

(1)

Sale and storage of livestock.

(2)

Sale and outside storage of metals, minerals, stone, scrap and waste materials, except in small quantities as part of the stock of a permitted use.

(3)

Adult bookstores, and/or pornographic establishments.

(4)

Dog kennels.

(5)

Storage facilities.

(6)

Any correctional community placement facility as defined by § 49.81(1)(b) community placement is prohibited.

(Code 1994, § 13-1-45(d); Amd. of 5-3-2022; Amd. of 3-7-2023)

(a)

Building height. Buildings in the C-1 district erected or structurally altered after the effective date of the ordinance from which this chapter is derived shall exceed neither 45 feet nor three stories in height.

(b)

Lot size. Lot sizes in the C-1 district are as follows:

(1)

Width: no minimum.

(2)

Area: every building or part of a building erected or structurally altered for residential purposes after the effective date of the ordinance from which this chapter is derived shall provide a lot area of not less than 7,200 square feet per family.

(c)

Yards. Yard requirements in the C-1 district are as follows:

(1)

Front. Where parts of the frontage are designated on the district map as residential district and commercial district, the setback regulations of the residential district shall apply to the commercial district; otherwise, no setback shall be required. Front yard setback for C-1 zoned property along Highway 63 or 70 shall be 25 feet (50 feet when parking is in the front yard) for new construction or additions/alterations to existing structures. For corner lots, both streets shall be considered as frontage.

(2)

Rear. There shall be a rear yard having a minimum depth of 20 feet for a building two stories or less in height. For each additional story or fractional story in height, the depth of such rear yard shall be increased five feet.

(3)

Side. For buildings or parts of buildings hereafter erected or structurally altered for residential use, the side yard setbacks and regulations for the R-1 residential district shall apply. Otherwise, a side yard shall be not less than ten feet in width.

(4)

Abutting residential district. When buildings or parts of buildings are used for residential purposes or abut a residential district, the front, rear and side yard setbacks and regulations for the R-1 residential district shall apply.

(d)

Fencing setbacks. Fencing in this C-1 district may abut the property line except if the property line abuts a residential district, there must be a three-foot setback. All such fencing on the property line must be surveyed.

(Code 1994, § 13-1-45(e)—(h); Ord. of 3-2-2004(3), § 13-1-45(g)(1), (3)—(4))

In the A industrial district, no building or premises shall be used and no building shall be erected or structurally altered after the effective date of the ordinance from which this chapter is derived, unless otherwise provided in this division, except for one or more of the following uses:

(1)

Any use permitted in the commercial district.

(2)

Wholesale business.

(3)

Printing and publishing.

(4)

Manufacture of products from paper, but not the manufacture of paper or pulp.

(5)

Repair, service and assembly of motor-propelled or nonmotor-propelled vehicles, including the repair and storage of automotive accessories, except the wrecking of motor-propelled vehicles.

(6)

Storage and warehousing of fuel and materials and contractor's yards, except the storage of wrecked and dismantled vehicles, junk, explosives or inflammable gases or liquids.

(7)

Manufacture and bottling of nonalcoholic beverages.

(8)

Processing, packing and manufacture of food, except meat and meat products, fish and fish products, sauerkraut and cabbage byproducts or the vining of peas.

(9)

Manufacture of products from wood, except the manufacture of paper pulp and plastics.

(10)

Manufacture of sporting goods, home and office appliances and supplies.

(11)

Manufacture of goods from leather, but not the tanning of hides or manufacture of leather.

(12)

Knitting mills and the manufacture of products from finished fabrics.

(13)

Cleaning, dyeing and pressing establishments and laundries, except bag cleaning.

(14)

Laboratories.

(15)

Manufacture of jewelry and cosmetics.

(16)

Manufacture of cigars, cigarettes and smoking tobacco.

(17)

Enameling and painting.

(18)

Blacksmithing, tinsmithing, sheet metal working and plumbing shops.

(19)

Manufacture of goods from plastics.

(20)

A health care facility as defined under Wis. Stats. § 150.84(2).

(21)

Chemical blending and packaging business permitted, but not the manufacture of chemicals.

(22)

Ambulance building, garage, office and lodging.

(Code 1994, § 13-1-46(a); Ord. of 9-2-2008; Res. No. 14-3, 1-7-2014; Amd. of 4-8-2021)

Conditional uses in the A district are as follows:

(1)

Veterinary clinics and kennels.

(2)

Solar field, submittal to be in compliance with section 14-7(c).

(Code 1994, § 13-1-46(b); Ord. of 9-2-2008; Ord. of 3-7-2017(1))

Prohibited uses in the A district are any uses not mentioned as part of section 86-281.

(Code 1994, § 13-1-46(c))

(a)

Building height. Building height in the A district shall be 66 feet or five stories maximum.

(b)

Lot size. Lot size in the A district shall be as follows:

(1)

Width: 66 feet minimum.

(2)

Area: No minimum except that every building or part of a building erected or structurally altered for residential purposes after the effective date of the ordinance from which this chapter is derived shall provide a lot area of not less than 10,000 square feet per family.

(c)

Yards. Yard requirements in the A district are as follows:

(1)

Front. Where parts of the frontage are designated on the district map as residential district and A industrial district, the front yard setback regulations of the residential district shall apply to the A industrial district. The front yard setback shall be 25 feet (50 feet when parking is in front yard). For corner lots, both streets shall be considered as frontage.

(2)

Rear. There shall be a rear yard having a minimum depth of 20 feet for a building two stories or less in height. For each additional story or fractional story in height, the depth of such rear yard shall be increased three feet.

(3)

Side. For buildings or parts of buildings used for residential purposes, the side yard regulations of the R-1 residential district shall apply; otherwise, a side yard, if provided, shall be not less than ten feet in width.

(4)

Abutting residential district. When buildings or parts of buildings are used for residential purposes or abut a residential district, the front, rear and side yard setbacks and regulations for R-1 residential district shall apply.

(d)

Fencing setbacks. Fencing in this A district may abut the property line except if the property line abuts a residential district, there must be a three-foot setback. All such fencing on the property line must be surveyed.

(Code 1994, § 13-1-46(d)—(g); Ord. of 3-2-2004(3), § 13-1-46(f)(1), (4))

In the B industrial district, unless otherwise provided in this division, buildings or land may be used for any purpose except the following:

(1)

Residential, educational or institutional uses and mobile homes as permitted in this chapter, except as dwelling for a watchman or caretaker employed on the premises and members of his family.

(2)

Uses in conflict with any law or ordinance governing nuisances.

(3)

Any of the following uses:

a.

Abattoirs, except for slaughter of poultry.

b.

Acid manufacture.

c.

Cement, lime, gypsum or plaster of Paris manufacture.

d.

Distillation of bones.

e.

Explosives manufacture or storage.

f.

Fat rendering.

g.

Fertilizer manufacture.

h.

Garbage, rubbish, offal or dead animal reduction or dumping.

i.

Glue manufacture.

j.

Junkyards.

k.

Petroleum refining.

l.

Smelting of tin, copper, zinc or iron ores.

m.

Stockyards.

(Code 1994, § 13-1-47(a); Amd. of 8-5-2025(2))

Conditional uses in the B district are as follows:

(1)

Quarries, stone and gravel pits, including incidental uses such as crushing and sorting equipment.

(2)

Agricultural activities, including animal husbandry.

(3)

Solar field, submittal to be in compliance with section 14-7(c).

(Code 1994, § 13-1-47(b); Ord. of 3-7-2017(1))

(a)

Building height. Buildings erected or structurally altered in the B district after the effective date of the ordinance from which this chapter is derived shall exceed neither 60 feet nor five stories in height.

(b)

Yards. Yard requirements in the B district are as follows:

(1)

Front. Ten feet (50 feet when parking is in the front yard).

(2)

Rear. There shall be a rear yard having a minimum depth of ten feet for a building two stories or less in height, the depth of such rear yard shall be increased three feet for each additional story.

(3)

Side. For buildings or parts of buildings used for residential purposes, the side yard regulations of the R-1 residential district shall apply; otherwise, a side yard, if provided, shall be not less than five feet in width.

(4)

Abutting residential district. When buildings or parts of buildings are used for residential purposes or abut a residential district, the front, rear and side yard setbacks and regulations for R-1 residential district shall apply.

(c)

Lot area. Every building or part of a building in the B district erected or structurally altered for residential purposes after the effective date of the ordinance from which this chapter is derived shall provide a lot area of not less than 10,000 square feet per family.

(d)

Screening. All outdoor storage areas in the B district shall be screened by a site-obscuring fence six feet high minimum when the storage is adjacent to a residential district.

(e)

Fencing setbacks. Fencing in this B district may abut the property line except if the property line abuts a residential district, there must be a three-foot setback. All such fencing on the property line must be surveyed.

(Code 1994, § 13-1-47(c)—(f); Ord. of 3-2-2004(3), § 13-1-47(d)(4); Amd. of 9-2-2025(2))

Permitted uses in the A-1 agricultural district are as follows:

(1)

Agricultural, horticultural, and forestry activities, including crop and tree farming, truck gardening and animal husbandry.

(2)

Parks, forest preserves, campgrounds and golf courses. A campground or resort shall be allowed only in agriculture zoning district by conditional use. An application for a conditional use permit for a campground or resort shall include a detailed description of the proposed campground or resort including camping site and dwelling unit densities, resort units, and all accessory structures and facilities (e.g., sheds, decks, sanitary facilities, wash houses, etc.) associated with a campground or resort following the provisions of this division.

(3)

Home occupations are permitted both in existing dwellings and in dwellings constructed as conditional user.

(4)

Any use permitted in the R-1 residential district, except multiple-family dwellings, boardinghouses and lodging houses and storage garages.

(5)

Airports.

(6)

Hospitals and clinics.

(7)

Sewage disposal plants.

(8)

Microwave radio relay structures.

(9)

Roadside stands for the sale of farm products produced on the premises.

(10)

Drive-in theaters when the location of such theaters has been approved by the plan commission after due notice and public hearing; provided, however, that such location shall be approved only if:

a.

There is no direct entrance to or exit from such drive-in theater to any state trunk highway or any major street.

b.

No parking is permitted on any street or highway on which a drive-in theater abuts or on any street or highway connecting with such street or highway anywhere within one-half mile of an entrance to or exit from such drive-in theater.

c.

There is a distance of one-half mile between the boundary of any residential district and the nearest point on the boundary of such drive-in theater site measured in a direct line.

(Code 1994, § 13-1-48(a); Amd. of 8-3-2021(5); Amd. of 8-5-2025(1))

Conditional uses in the A-1 district are:

(1)

Gravel Pits and like extraction facilities;

(2)

Solar field, submittal to be in compliance with section 14-7(c).

(Code 1994, § 13-1-48(b); Ord. of 3-7-2017(1))

(a)

Buildings; height. Building height in the A-1 district shall be a maximum of 2½ stories, 35 feet maximum for residential uses; no height restrictions for agricultural uses.

(b)

Lot size. Lot sizes in the A-1 district are as follows:

(1)

Width: 200-foot minimum lot width.

(2)

Area: ten acres, minimum size.

(c)

Yards. Yard requirements in the A-1 district are as follows:

(1)

Front: 25 feet minimum.

(2)

Rear: 25 feet minimum.

(3)

Side:

a.

For buildings not over 1½ stories high, the sum of the widths of the required side yards shall not be less than 25 feet, and no single side yard shall be less than ten feet in width.

b.

For buildings from 1½ stories to 2½ stories high, the sum of the widths of the required side yards shall not be less than 30 feet, and no single side yard shall be less than 12 feet in width.

(Code 1994, § 13-1-48(c)—(e))

The C-D conservancy district should discourage development and disturbances to the natural setting in areas with unique features. C-D areas will provide protected areas to ensure proper water conservation and flood control. Primary consideration will be given to outdoor recreation and forestry pursuits while also providing areas where native flora and fauna may prosper in a natural habitat.

(Code 1994, § 13-1-49(a))

Permitted uses in the C-D district are as follows:

(1)

Management of forestry, wildlife and fish; hunting, fishing and trapping.

(2)

Harvesting of wild crops such as marsh hay, ferns, moss, fruit, berries and tree seeds.

(3)

Bicycle, hiking and equestrian trails.

(4)

Parks and forest preserves.

(5)

Transmission lines.

(Code 1994, § 13-1-49(b))

Conditional uses in the C-D district are as follows:

(1)

Dams and water storage and pumping facilities.

(2)

Electric substations and booster stations.

(3)

Golf courses.

(4)

Public parking areas.

(Code 1994, § 13-1-49(c))

(a)

Height. The maximum building height in the C-D district is 35 feet.

(b)

Area. The building area in the C-D district is 1,000 square feet minimum.

(c)

Lot size. Lot size in the C-D district shall be as follows:

(1)

Area: A minimum lot area of one acre.

(2)

Width: A minimum lot width of 125 feet at the building line.

(d)

Yards. Yard requirements in the C-D district are as follows:

(1)

Front: 25 feet.

(2)

Rear: 25 feet.

(3)

Side: Ten feet on each side.

(Code 1994, § 13-1-49(d)—(f))

(a)

Purpose. The residents of the city depend exclusively on groundwater for a safe drinking water supply. Certain land use practices and activities can seriously threaten or degrade groundwater quality. The purpose of this division is to institute land use regulations and restrictions to protect the city's municipal water supply and well fields, and to promote the public health, safety and general welfare of the residents of the city.

(b)

Applicability. The regulations specified in the division shall apply within the corporate limits.

(Code 1994, § 13-1-50(a)(2), (3); Amd. of 11-1-2011)

The area to be protected is the city wellhead protection area as determined by the City of Spooner Municipal Wells No. 3 and 5 Wellhead Protection Plan contained within the city boundary limits. These lands are subject to land use and development restrictions because of their close proximity to the well and the corresponding high threat of contamination.

(Code 1994, § 13-1-50(c)(1); Amd. of 11-1-2011)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Existing facilities which may cause or threaten to cause environmental pollution means existing facilities which may cause or threaten to cause environmental pollution within the corporate limits of the city's well recharge areas, which include but are not limited to, the state department of natural resources' draft list of "Inventory of Sites or Facilities Which May Cause or Threaten to Cause Environmental Pollution"; department of commerce (hereafter "Comm.") list of underground storage tanks (hereafter USTs); and list of facilities with hazardous, solid waste permits, all of which are incorporated in this section as if fully set forth.

Groundwater divide means ridge in the water table, or potentiometric surface, from which groundwater moves away at right angles in both directions; the line of highest hydraulic head in the water table or potentiometric surface.

Groundwater protection overlay district means that area contained in the City of Spooner Wellhead Protection Plan, Wells No. 3 and No. 5", January 2010, developed with assistance from: Wisconsin Rural Water Association, Source Water Protection Program, and incorporated in this section as if fully set forth. The plan may be viewed by contacting the Spooner City Clerk.

Wellhead protection area means the area in which water reaches the zone of saturation and encompasses all areas in which water has a five-year time of travel to reach the well, minimum protection areas, political boundaries and groundwater flow direction.

(Code 1994, § 13-1-50(b); Amd. of 11-1-2011)

Cross reference— Definitions generally, § 1-2.

Subject to the exemptions listed in section 86-367, the following are the only permitted uses within the groundwater protection overlay district. Uses not listed are to be considered prohibited uses:

(1)

Parks, provided that there are no on-site waste disposal or fuel storage tank facilities associated within this use.

(2)

Playgrounds.

(3)

Wildlife area.

(4)

Nonmotorized trails, such as biking, skiing, nature and fitness trails.

(5)

Residential municipally sewered, free of flammable and combustible liquid underground storage tanks.

(6)

Municipally sewered business development zoned C-1, I-A, I-B, except for the following uses:

a.

Above ground storage tanks;

b.

Asbestos product sales;

c.

Automotive service and repair garages, body shops;

d.

Blue printing and photocopying services;

e.

Car washes;

f.

Equipment repair services;

g.

Laundromats and diaper services;

h.

Dry cleaning;

i.

Holding ponds or lagoons;

j.

Nurseries, lawn and garden supply stores;

k.

Small engine repair services;

l.

Wells, private, production, injection or other;

m.

Any other use determined by the plan commission to be similar in nature to the above-listed items.

(7)

Agricultural uses in accordance with the county soil conservation department's best management practices guidelines.

(Code 1994, § 13-1-50(c)(2); Amd. of 11-1-2011)

The following separation distances as specified in the Wisconsin Administrative Code shall be maintained and may not be exempted except as listed in section 86-367:

(1)

Ten feet between a well and an emergency or standby power system that is operated by the same facility which operates the well and that has a double wall above ground storage tank with continuous electronic interstitial leakage monitoring. These facilities shall meet the installation requirements of Wis. Admin. Code § Comm 10.260 and receive written approval from the department of commerce or its designated local program operator under Wis. Admin. Code § Comm 10.110.

(2)

Fifty feet between a well and a storm sewer main or a sanitary sewer main where the sanitary sewer main is constructed of water main class materials and joints. Gravity sanitary sewers shall be successfully air pressure tested in place. The air pressure test shall meet or exceed the requirements of the four psi low pressure air test for plastic gravity sewer lines found in the latest edition of "Standard Specifications for Sewer and Water Construction in Wisconsin". Force mains shall be successfully pressure tested with water to meet the AWWA C600 pressure and leakage testing requirements for one hour at 125 percent of the pump shut-off head.

(3)

Two hundred feet between a well and any sanitary sewer main not constructed of water main class materials, sanitary sewer manhole, lift station, one- or two-family residential heating fuel oil underground storage tank or above ground storage tank or POWTS treatment tank or holding tank component and associated piping.

(4)

Three hundred feet between a well and any farm underground storage tank system or other underground storage tank system with double wall and with electronic interstitial monitoring for the system, which means the tank and any piping connected to it. These installations shall meet the most restrictive installation requirements of Wis. Admin. Code § Comm 10.260 and receive written approval from the department of commerce or its designated local program operator under Wis. Admin. Code § Comm 10.110. These requirements apply to tanks containing gasoline, diesel, bio-diesel, ethanol, other alternative fuel, fuel oil, petroleum product, motor fuel, burner fuel, lubricant, waste oil, or hazardous substances.

(5)

Three hundred feet between a well and any farm above ground storage tank with double wall, or single wall tank with other secondary containment and under a canopy; other above ground storage tank system with double wall, or single wall tank with secondary containment and under a canopy and with electronic interstitial monitoring for a double wall tank or electronic leakage monitoring for a single wall tank secondary containment structure. These installations shall meet the most restrictive installation requirements of Wis. Admin. Code § Comm 10.260 and receive written approval from the department of commerce or its designated local program operator under Wis. Admin. Code § Comm 10.110. These requirements apply to tanks containing gasoline, diesel, bio-diesel, ethanol, other alternative fuel, fuel oil, petroleum product, motor fuel, burner fuel, lubricant, waste oil, or hazardous substances.

(6)

Four hundred feet between a well and a POWTS dispersal component with a design capacity of less than 12,000 gallons per day, a cemetery or a stormwater retention or detention pond.

(7)

Six hundred feet between a well and any farm underground storage tank system or other underground storage tank system with double wall and with electronic interstitial monitoring for the system, which means the tank and any piping connected to it; any farm above ground storage tank with double wall, or single wall tank with other secondary containment and under a canopy or other above ground storage tank system with double wall, or single wall tank with secondary containment and under a canopy; and with electronic interstitial monitoring for a double wall tank or electronic leakage monitoring for a single wall tank secondary containment structure. These installations shall meet the standard double wall tank or single wall tank secondary containment installation requirements of Wis. Admin. Code § Comm 10.260 and receive written approval from the department of commerce or its designated local program operator under Wis. Admin. Code § Comm 10.110. These requirements apply to tanks containing gasoline, diesel, bio-diesel, ethanol, other alternative fuel, fuel oil, petroleum product, motor fuel, burner fuel, lubricant, waste oil, or hazardous substances.

(8)

One thousand feet between a well and land application of municipal, commercial, or industrial waste; the boundaries of a landspreading facility for spreading of petroleum-contaminated soil regulated under Wis. Admin. Code ch. NR 718 while that facility is in operation; agricultural, industrial, commercial or municipal wastewater treatment plant treatment units, lagoons, or storage structures; manure stacks or storage structures; or POWTS dispersal component with a design capacity of 12,000 gallons per day or more.

(9)

Twelve hundred feet between a well and any solid waste storage, transportation, transfer, incineration, air curtain destructor, processing, wood burning, one-time disposal or small demolition facility; sanitary landfill; any property with residual groundwater contamination that exceeds Wis. Admin. Code ch. NR 140 enforcement standards; coal storage area; salt or deicing material storage area; any single wall farm underground storage tank or single wall farm above ground storage tank or other single wall underground storage tank or above ground storage tank that has or has not received written approval from the department of commerce or its designated local program operator under Wis. Admin. Code § Comm 10.110 for a single wall tank installation. These requirements apply to tanks containing gasoline, diesel, bio-diesel, ethanol, other alternative fuel, fuel oil, petroleum product, motor fuel, burner fuel, lubricant, waste oil, or hazardous substances; and bulk pesticide or fertilizer handling or storage facilities.

(Code 1994, § 13-1-50(c)(3); Amd. of 11-1-2011)

(a)

Facilities in the groundwater protection overlay district shall provide copies of all federal, state and local facility operation approvals or certificate and ongoing environmental monitoring results to the city.

(b)

Facilities in the groundwater protection overlay district shall provide additional environmental or safety structures/monitoring as deemed necessary by the city, which may include, but are not limited to, stormwater runoff management and monitoring.

(c)

Facilities in the groundwater protection overlay district shall replace equipment or expand in a manner that improves the existing environmental and safety technologies already in existence.

(d)

Facilities in the groundwater protection overlay district shall have the responsibility of devising and filing with the city a contingency plan satisfactory to the city for the immediate notification of city officials in the event of an emergency.

(Code 1994, § 13-1-50(c)(4); Amd. of 11-1-2011)

(a)

Individuals and/or facilities may request the city to permit additional land uses in the groundwater protection overlay district.

(b)

All requests shall be in writing either on or in substantial compliance with forms to be provided by the city and shall include an environmental assessment report prepared by a licensed environmental engineer. Such report shall be forwarded to the common council designee and/or designees for recommendation and final decision by the common council.

(c)

The individual/facility shall reimburse the city for all consultant fees associated with this review at the invoiced amount, plus administrative costs.

(d)

Any permitted uses shall be conditional and may include required environmental and safety monitoring consistent with local, state and federal requirements, and/or bonds and/or sureties satisfactory to the city.

(Code 1994, § 13-1-50(d); Amd. of 11-1-2011)

(a)

If the individual and/or facility causes the release of any contaminants which endanger the district, the activity causing such release shall immediately cease and a cleanup satisfactory to the city shall occur.

(b)

The individual/facility shall be responsible for all costs of cleanup, city consultant fees at the invoice amount, plus administrative costs for oversight, review and documentation. The costs of city employees' time associated in any way with the cleanup, based on the hourly rate paid to the employee multiplied by a factor determined by the city representing the city's costs for expenses, benefits, insurance, sick leave, holidays, overtime, vacation and similar benefits shall be paid. The costs of city equipment employed shall be paid. Following any such discharge, the city may require additional test monitoring and/or bonds/sureties as outlined in subsection 86-367(d).

(Code 1994, § 13-1-50(e); Amd. of 11-1-2011)

There shall be created and mapped an adult entertainment (AE) zoning district to provide exclusively adult entertainment as a permitted use in this district and in no other.

(Res. No. 10-07, 2-23-2010)

An adult entertainment facility means any establishment which regularly features for commercial purposes on its premises:

(1)

The employment or use of any person, in any capacity, or the presence of any other person on the business premises with the permission of or knowledge or notice of the proprietor of the establishment including, but not limited to, a patron thereof, in an unclothed state or in such attire, costume or clothing as to expose to view any portion of the female breast below the top of the areola or of any portion of the pubic hair, anus, buttocks, vulva or genitals.

(2)

Live entertainment which provides or features nude dancing or the performance of acts which simulate sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, necrophilia, sado-masochistic abuse, fellatio, cunnilingus or any sexual acts which are prohibited by law, the touching, caressing or fondling of the breast, buttock, anus or genitals, the displaying of the pubic hair, anus, buttock, vulva or genitals.

(3)

The showing of any film, still pictures, electronic reproduction or other visual reproductions depicting any of the acts described above.

(4)

The holding, promotion or allowance of any contest, promotion, special night or any other activity where patrons of the licensed establishment are encouraged or allowed to engage in any of the prohibited conduct described above.

(5)

That features as a regular portion of its business live entertainment that is intended to provide sexual stimulation or sexual gratification to the entertainer and or patrons and is distinguished by or characterized by an emphasis on matter depicting, simulating, describing or relating to specified anatomical areas or the conduct or simulation of specified sexual activities or an establishment that features entertainment of an erotic/exotic nature including erotic/exotic dancers, strippers, semi-nude or other similar entertainers.

(6)

Further, by definition, no business which is licensed by the city under Wis. Stats. ch. 125, and city ordinances to serve, sell, distribute, or suffer the consumption or possession of intoxicating liquors or controlled substances, shall be eligible to do business as an adult entertainment facility.

(Res. No. 10-07, 2-23-2010)

The plan commission has considered several studies some finding no secondary effects attending adult entertainment facilities such as criminal activity, decline in property values and the acceleration of community blight, as well as the need for increased law enforcement and other studies which do make such findings. The plan commission finds that such secondary effects are real and substantial basing its decision on striking local examples such as the Town of Trego's experience with an adult entertainment facility maintained as a drug trafficking place, see United States v. Mikulewicz 07-CR-89-S (W.D. Wis. 10-30-2007); and the prostitution present in an adult entertainment facility in the City of Cumberland. See Schultz v. City of Cumberland, 228 F.3d 831, 835 (7th Cir. 2000). The plan commission achieves its findings by balancing the needs of upholding freedom of expression against the strong government interest in preserving law and order. Urmanski v. Town of Bradley, 2000 WI App 141, ¶¶ 13-15, 237 Wis.2d 545.

(Res. No. 10-07, 2-23-2010)

Building sizes and setbacks in the AE district shall be identical to those in commercial districts. See section 86-255.

(Res. No. 10-07, 2-23-2010)

If any provision of this Code is for any reason held to be invalid or unconstitutional by reason of any decision of any court of competent jurisdiction, such decision shall not affect the validity of any other provisions of these ordinances.

(Res. No. 10-07, 2-23-2010)